Jambant Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.954 of 2024 Arising Out of PS. Case No.-208 Year-2023 Thana- SARMERA District- Nalanda ====================================================== 1.

Jambant Thakur son of Late Sivan Thakur @ Shivam Thakur, resident of Village-Chhoti Kenar, P.S.-Sarmera, District-Nalanda. 2.

Rakesh Thakur, son of Jambant Thakur, resident of Village-Chhoti Kenar, P.S.-Sarmera, District-Nalanda.

... ... Petitioner/s

Versus

The State of Bihar .

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar Sinha For the Opposite Party/s :

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-01-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for bail in a case instituted for the offence under Sections 341, 323, 324, 326, 307 and 504/34 of the Indian Penal Code.

3. As per allegation in the FIR, grandfather of the informant went to his brother (petitioner) to clean his drain, then an scuffle took place. Petitioner assaulted to informant's grandfather on his head by means of Axe with intention to kill him. Co-accused Rupesh Thakur also hit him as a result of which he fell down unconsciously. Gopal Thakur when rushed there to rescue him, petitioner gave

Patna High Court CR. MISC. No.954 of 2024(2) dt.16-01-2024 2/3 order to Pushpanjay Kuamr to hit him then he hit him with tangi on his uncle's head resulting into his head injury and he fell down unconsciously.

4. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. Both the parties are full brothers. Over a trivial dispute over cleaning of drain, the alleged occurrence took place at the spur of moment. There was no intention to kill anyone. There is case and counter case. Three persons have received injury and all were examined by the doctor and he found that all have received simple injuries caused by hardblunt substance, and this fact is also mentioned in the impugned order. Petitioners are men of clean antecedent and languishing in judicial custody since 4.10.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand

Patna High Court CR. MISC. No.954 of 2024(2) dt.16-01-2024 3/3 only) each with two sureties of the like amount each to the satisfaction of the learned CJM, Nalanda in connection with Sarmera P.S. Case No. 208 of 2023.

(Sunil Kumar Panwar, J) sushma/- U